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Description:Among the states, Hawaii is unique in recognizing private property rights to open ocean fisheries. This paper presents the results of an investigation into the written materials available on `traditional' fishing rights in Hawaii. With minor exceptions, only English language sources were consulted, although these included some translations of publications originally appearing in the Hawaiian language. The purpose was twofold: to determine the viability of such fishing rights, so as to permit considering their use in effecting conservation practices in Hawaii; and to establish a base for understanding analogous types of rights existing in various Pacific islands where statutes and case law have not yet determined their parameters. In these areas too, traditional piscary rights may hold potential for facilitating conservation practices. Much of this report represents ground already traversed; however, it varies particularly in pointing out differences in the Hawaiian and English versions of the early laws and does not necessarily concur with the interpretations and conclusions reached by others.
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Sea Grant Document Number:HAWAU-T-85-004
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Rights Information:Public Domain
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